Commonwealth Consolidated Acts

INTERNATIONAL TRANSFER OF PRISONERS ACT 1997 - SECT 55

(1)

The following provisions apply to the transport in custody through Australia of a prisoner or Tribunal prisoner who is being transferred from a transfer country or Tribunal country to another transfer country or Tribunal country:

(a) the prisoner may be transported in custody through Australia for the purposes of the transfer;
(b) if the aircraft or ship that transports the prisoner makes a landing or calls at a place in Australia:
(i) the person holding the prisoner in custody before the landing or call is made may hold the prisoner in custody at the place for a period not exceeding 24 hours;
(ii) any police officer may provide such assistance at the place as is reasonable and necessary to facilitate transporting of the prisoner in custody;
(iii) any magistrate to whom application is made, in the form prescribed by the regulations, by or on behalf of the transfer country or Tribunal concerned must issue a warrant ordering a person specified in the warrant to hold the prisoner in custody for such period or periods as the magistrate considers necessary to facilitate the transporting of the prisoner;
(iv) the Attorney-General may, on application by the transfer country or Tribunal concerned, authorise in writing a magistrate to issue a warrant ordering a person specified in the warrant to hold the prisoner in custody for a further specified period in order to facilitate the transporting of the prisoner;
(v) the Attorney-General may at any time direct a person having custody of the prisoner under this paragraph to release the prisoner from custody.

(2)

The total period or periods of any custody in accordance with subparagraphs (1)(b)(i) and (ii) must not exceed 96 hours.